General Conditions of Hire of College Premises
Matters Relating to Bookings and Charges
- The person by whom the form of application for the hiring is signed shall be deemed to be the hirer and such person shall be personally responsible for the payment of the scale and other charges payable in respect of the hiring and for the observance and performance in all respect of the conditions and stipulations herein contained and on the part of the hirer to be observed and performed.
- All charges may be required to be paid at the time of the booking and the College reserves the right to cancel a booking if full payment has not been made five days before the hiring. No booking will normally be accepted later than 14 days (5 weeks where licensing is required under the status referred to in Condition 25) prior to the date required. Final charges will be those applicable at the date of use of the premises.
- The hirer may be required to pay a deposit in addition to the scale charges, which may be applied in whole or in part to make good any damage, in accordance with Condition 14.
The right is reserved to cancel any hire without notice where the Governors and / or senior managers1 consider it necessary to do so:
- in consequence of any outbreak or prevalence of infectious disease
- for any other cause outside its control
- because the Governors and / or senior managers reasonably believe that an act is likely to be done on the premises which will contravene the Equality Act (2010) or the Prevent Duty (2011) or prejudice the performance by the College of its obligation to secure that its functions are carried out with due regard to the need to eliminate unlawful racial discrimination and to promote equality of opportunity and good relations between persons of different racial groups.
- Hirers will be allowed to cancel or postpone a booking on condition that if 14 or more days’ notice is given, half fees will be payable, and if less than 14 days notice full fees will be payable unless in either case the hall or room is re-booked or it is otherwise decided.
- The timing of the booking recorded on the Provisional Application to Hire form must cover the period from the first arrival for set-up until the final organiser leaves the building after clearing up. Fifteen minutes will be allowed thereafter to vacate the site entirely.
- Booking times must be strictly adhered to. Bookings which extend beyond agreed times may be charged at double scale rate. The College reserves the right to cancel the bookings by hirers who have not previously adhered to agreed booking times.
- The right is reserved to refuse to grant hiring without giving a reason.
- Intoxicating liquor shall not be sold, supplied or consumed on College premises except by general or special approval of the Governors and / or senior managers and subject to any necessary licence having been obtained by the hirer.
The hirer shall, if called upon to do so, furnish for approval a copy of the programme of any entertainment to be given by the hirer. In such a case no entertainment shall be given except in conformity with the programme which has been approved.
Failing approval of a programme the hirer will be allowed to cancel the hiring on payment of the appropriate fees under Condition 5 unless it is decided to remit such fees.
The College will not be liable for any injury (including injury resulting in death) or damage to or loss of property whatsoever which shall or may occur to or be sustained by the Hirer, his / her assistants, servants or agents or others entering the property in the exercise or purported exercise of the hiring (except such injury or damage as may occur by reason of the neglect of the College, servants or agents acting within the scope of their authority). The Hirer will indemnify and keep indemnified the College and their servants and agents from and against all claims and liability in respect of such injury or damage and all actions, proceedings costs, damages and expenses in regard thereto and also from and against all other liability claims, demands, proceedings costs, damages and expenses in respect of injury to persons whosoever (including injury resulting in death) and damage to and loss of property whatsoever which may arise out of or in consequence of the aforesaid exercise or purported exercise of the hiring (except as aforesaid).
The hirer must ensure that £2 million or greater Public Liability Insurance is carried relating to the hiring. The College may require the hirer to provide copies of insurance policies relevant to the hire before the letting is permitted to take place.
- The hirer shall make good any wilful or avoidable damage to the property of the College which can be attributed to his / her use of the premises. The hirer shall not be responsible for any fire damage to the property occurring otherwise than from the act of neglect or default of the hirer, his / her servants or agents.
- In the event of any such damage, the College may make it good and the hirer, by acceptance of the hiring subject to these conditions, will thereby be deemed to have undertaken to pay the cost of such reparation as certified by or on behalf of the College.
- The hirer shall not infringe any subsisting copyright or performing right, and hereby indemnifies the Governors against all sums of money which the Governors may have to pay by reason of an infringement of copyright or performing right occurring during the time.
- Members of the College reserve for themselves, and their officials, the right to enter the premises hired at all times on producing evidence of their identity. Stewards should be advised accordingly by the hirer.
No nails, tacks, screws, etc. shall be driven into or adhesive fixed to any of the walls, ceilings, furniture or fittings.
No preparation shall be used for polishing the floors except on Friday or Saturday evenings. On these occasions an extra charge, according to the size of the floor, will be made and shall be paid by the hirer to cover the cost of removing the polish or preparation. The application of floor dressing shall be made by the caretaker only, to whom the hirer shall supply the dressing.
- The wearing of footwear which might cause damage to the floors is not permitted.
- Subject to the provisions of the next paragraph, the hirer shall vacate the premises by 10pm unless written authority from the Governors and / or senior managers (showing the time of extension) has been obtained and shall leave the premises, fixtures, furniture and other property therein in as good order as they were at the time of entry and in as clean a condition as the particular use will allow.
- The hirer shall ensure that caterers, contractors and others supplying or serving refreshments, or providing decorations, etc. comply with all current legislation relating to food hygiene, health, welfare and safety matters, and remove from the College premises all their articles and property by midnight on the day of the hire if the College is to be used the next day, or in any other case by noon on the next day following the day of hire, and shall observe and carry out any instructions which may be given to him in this connection.
- No smoking is permitted on College premises except in designated areas.
- Any article or property belonging to the hirer or any caterer or contractor or other persons left on College premises after the hour named above may be removed by the Governors and / or senior managers and the cost shall be paid by the hirer.
- The seating accommodation provided is limited to the safe capacity limits set by the College in conjunction with the Fire Officer and the number of chairs that are on the College premises on the day of the hire and is arranged so as not to affect the means of escape from the premises. Subject to approval, further provision may be made by the hirer at his / her own expense.
- College furniture shall not be moved except by arrangement with the Caretaker (or delegate).
- Kitchens and practical subject rooms may be used where special approval has been given.
- Any alteration or addition to the electrical lighting or heating systems is strictly forbidden, except with the special approval of the Governors and / or senior managers which may be given subject to conditions which the hirer will be required to observe, the approval of a technical officer acting on behalf of the Governors and / or senior managers, and where necessary, the consent of the electricity supply undertakers.
- If existing stage lighting, spotlights and dimming equipment are required, it is to be clearly stated on the application form. An extra charge will be made for this service and any operation of such equipment shall be carried out by a competent person named and approved in advance.
The following special conditions shall also apply when the use of the College grounds is permitted for activities of a hazardous nature:
- The land (including any buildings or structure thereon) is made available in existing state and condition and the College can warrant or represent that it is safe and suitable for the holding of the function or for the admission of the public. The hirer shall not publish or say anything tending to lead any person to believe otherwise. The hirer shall have exclusive occupation of and responsibility for the said land during the period that it is used for the function.
- The hirer shall secure the removal from the said land, as soon as it is practicable after the function of all litter or other rubbish left on the land in the course of or produced by the event which the Governors and / or senior managers require to be removed.
- The hirer shall insure against his / her liability at law for accidents resulting in injury to persons, (including injury resulting in death) or damage to or loss of property arising from the use of premises including the liability assumed under Condition 12 and 13 foregoing. The amount of the Insurers liability must not be less than £2 million in respect of any one accident or occurrence and evidence of the insurance must be produced to the Governors and / or senior managers at least two weeks before the date of the event.
- The hirer shall ensure that no act is done on the premises, during his / her use of the premises, which contravenes the Equality Act (2010) or the Prevent Duty (2011).
- Charges shall be determined by senior managers and approved by the Governors. Variations to the charges, such as a discretionary discount, are determined by senior managers for reasons including, but not exclusively: block bookings, hire by charitable organisations and lettings which have a wider benefit to the College.
- Normally, lettings during term time only will be considered.
Matters Relating to Statutory Requirements
The premises hired shall not be used for cinematograph exhibitions, public dancing, singing, music or other public entertainment of the like or kind, boxing, wrestling or the public performance of plays, for which a licence for the premises is required to be granted under any of the under mentioned Acts unless such a licence has been so granted in respect of the premises:
- The Theatres act 1968
- The Cinematograph Acts, 1909 and 1952
- The Home Counties (Music and Dancing) Licensing Act 1926, as extended by the Essex County Council Acts, 1933, 1952 and 1958
- The Sunday Entertainment’s Act, 1932
- The Essex County Council Act, 1933, (Part VII) as extended by the Essex County Council (Canvey Island Approaches, etc.) Act 1967
- The Public Health Acts Amendment Act 1890
The hirer is required, where appropriate to the hiring, and where the premises hired are licensed under one or more of the statutes referred to in the above condition, to acquaint himself / herself with the conditions and regulations subject to which the premises hired are so licensed.
If the hirer commits a breach during the hiring of any of the conditions attaching to such licence, or of any, including these, regulations, then without prejudice to the right of the College, acting by itself or through any other appropriate body on its behalf, to enforce any liabilities already incurred by the hirer under these conditions, the Governors and / or senior managers reserve the rights themselves or acting as aforesaid to determine the hiring, if still continuing, forthwith, to forfeit all sums paid by the hirer and refuse to grant any further application from him / her for the hire of College premises.
No person shall give any exhibition, demonstration or performance of hypnotism on any living person at or in connection with an entertainment to which the public are admitted whether on payment or otherwise in the said premises.
The granting of permission to hire premises for a function when licensed under one or more of the statutes referred to in Condition 26 thereby requires the hirer to comply with the conditions of that licence as applicable to the licensee.
The hirer shall not use the premises or permit them to be used for gaming or wagering other than lawful gaming in accordance with the provisions of the Gaming Act 1968.
A note on this Act is appended in these conditions.
The following provisions of Section 12 of the Children and Young Persons Act 1933 must be strictly complied with:
- Where there is provided in any building an entertainment for children or an entertainment at which the majority of the persons attending are children then if the number of children attending the entertainment exceed one hundred, it shall be the duty of the person providing the entertainment to station and keep stationed, wherever necessary, a sufficient number of adult attendants, properly instructed as to their duties to prevent more children or other persons being admitted to the building or to any part thereof, than the building or part can properly accommodate and to control the movement of the children and other persons admitted while entering and leaving the building or any part thereof and to take all other reasonable precautions for the safety of the children.
- Where the occupier of the building permits, for hire or reward, the building to be used for the purpose of an entertainment he / she shall take all reasonable steps to secure the observance of the provision of this section.
- If any person on whom any obligation is imposed by this section fails to fulfil that obligation he / she shall be liable, on summary conviction, to a fine not exceeding, in the case of a first offence, fifty pounds, and in the case of a second or subsequent offence one hundred pounds, and also, if the building in which the entertainment is given is licensed under Cinematograph Act 1909, or under any of the enactments relating to the licensing of theatres and of houses and other places for music and dancing, the licence shall be liable to be revoked by the authority by whom the licence was granted.
- A police officer may enter the building in which he/she has reason to believe that such entertainment as aforesaid is being or is about to be provided with a view to seeing whether the provisions of this section are carried into effect, and an officer authorised for the purpose by an authority by whom licences are granted under any of the enactments referred to in Condition 27 above shall have the like power of entering any building so licensed by that authority.
- It should be noted that Representation of the People Act indicates that schools may not be used at any time as a “Committee Room for the purpose of promoting or procuring the election of a candidate”. The Act does not allow schools to be used on the day of the poll for the holding of public meetings in the furtherance of any person’s candidature at a Parliamentary or Local Election. The understanding is that for this purpose the College would be considered as a school and the People Act applies.
- The College is concerned to balance its legal duties in terms of ensuring freedom of speech and also protecting student, staff and visitor welfare.
- These General Conditions apply to all students, staff and visitors, including hirers.
- The College will not provide a platform for the encouragement of terrorism and inviting support for a proscribed terrorist organisation, which are criminal offences.
- The College assesses and rates risks associated with planned events, which provides evidence to suggest whether an event should proceed, be cancelled or whether action is required to mitigate any risk.
- Staff involved in the physical security of the College site are aware of the Prevent Duty and are appropriately trained.
Under the Gaming Act 1968 the conditions subject to which premises may be used for gaming carried on at an entertainment promoted for raising money to be applied for purposes other than private gain are as follows:
- The game must not involve playing or staking against a bank, whether the bank is held by one of the players or not.
- The nature of the game must not be such that the chances in the game are not equally favourable to all players.
- The nature of the game must not be such that the chances in it lie between the player and some other person, or (if there are two or more players) lie wholly or partly between the players and some other person, and those chances are not as favourable to the player or players as they are to that other person.
- The game must not be by means of a machine to which Part III of the Gaming Act 1968 applies and must not constitute the provision of amusements with prizes in the circumstances specified in Section 48 (1) or Section 49 (1) of the Betting, Gaming and Lotteries Act 1963.
- In respect of all games played at the entertainment not more than one payment (whether by way of entrance fee or stake or otherwise) shall be made by each player and no such payment shall exceed 50p
- Subject to paragraphs 6 & 7 below, the total value of all prizes and awards distributed in respect of those games shall not exceed fifty pounds.
- The whole of the proceeds of such payments as are mentioned in paragraph 3 above, after deducting sums lawfully appropriate on account of expenses or for the provision of prizes or awards in respect of games shall be applied for purposes other than private gain.
- The sum appropriated out of those proceeds in respect of expenses shall not exceed a reasonable cost of facilities for the purpose of games.
- Where two or more entertainments are promoted on the same premises by the same persons on the same day, paragraphs 3 to 5 above shall effect in relation to those entertainments collectively as if they were a single entertainment.
Where a series of entertainments is held otherwise than as mentioned in paragraph 6 above.
- Paragraphs 3 to 5 shall have effect separately in relation to each entertainment in the series, whether some or all of the persons taking part in any of those entertainment’s are thereby qualified to take part in any other of them or not, and
- If each of the persons taking part in the games played at the final entertainment of the series is qualified to do so by reason of having taken part in the series of games played at other entertainment’s of the series held on the previous day, paragraph 3 (b) above shall have effect in relation to that final entertainment as if for words “fifty pounds” there were substituted the words “one hundred pounds”.
For further information, please contact Janette Dames ()